Format Dx Project Works - Eskom

2. COVER FOR CROSS LIABILITY
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SECTION II - PUBLIC LIABILITY (Continued)
CLAUSES TO SECTION II (Continued)
It is agreed and understood that otherwise subject to the, Exclusions and Conditions contained in the
Policy, the Section II public liability cover of the Policy shall apply to The Insured parties named in the
Schedule as if a separate policy had been issued to each party, provided that The Insurers shall not
indemnify The Insured in respect of liability for:
a) Physical loss of or damage to items insured or insurable under Section 1 of the Policy, even if not
recoverable due to an excess or any limit.
b) Fatal or non fatal injury or illness of employees or workman who are or could have been insured
under workman’s compensation and/or employers liability insurance.
The Insurer’s total liability in respect of The Insured parties shall not however exceed in the aggregate
for any one accident or series of accidents arising out of one event the Limit of Indemnity stated in the
Schedule.
3. STATUTORY LEGAL DEFENCE COSTS
It is hereby agreed that notwithstanding the Exceptions or anything else herein contained to the
contrary the Insurers shall indemnify the Insured against costs and expenses incurred with the
consent of the Insurers in the defence of any legal action brought against the Insured arising from an
alleged contravention of any statute or duty at common law provided that:-
a. in the case of an appeal the Insurers will not indemnify the Insured unless a Senior Council
approved by the Insurers advises that such appeal should in his opinion succeed;
b. the Insurers will not indemnify the Insured in respect of any fine or penalty imposed by any
magistrate or judge nor any loss consequent thereto;
c. the liability of the Insurers in respect of any one occurrence shall not exceed R500,000.00 (Five
Hundred Thousand Rand).
4. ARREST/ ASSAULT /DEFAMATION
It is hereby agreed that notwithstanding the Exceptions or anything else herein contained to the
contrary this Policy is extended to include any legal liability of the Insured (not necessarily consequent
upon death or injury to any person or loss or damage to any property);
i. arising from malicious or wrongful arrest or alleged malicious or wrongful arrest of any person
ii. arising from malicious or wrongful assault or alleged malicious or wrongful assault on any
person
iii. in respect of defamation or alleged defamation whether negligence is imputed or not.
The liability of the Insurers in respect of any one occurrence shall not exceed R500,000.00 (Five
Hundred Thousand Rand) for each of (i) (ii) and (iii) above